ADVANCE MEDICAL DIRECTIVES

Advance Medical Directives in Tennessee: Latest Forms & Other Updates

Earn 1 hour of CLE credit with Charles Key, a Memphis attorney and experienced speaker and writer on legal issues in health care. During this on-demand course, Mr. Key will tackle the recent changes to advance medical directives, the Health Care Decisions Act (HDCA), common-law vs. statutory advance directives, new requirements and instructions under the HDCA, surrogates under the HCDA, and the 2007 amendments. Mr. Key will also explain the most recent forms and present what changes he believes should be made to them. Don't miss this all-new course from Tennessee Attorneys Memo!

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Categories: Advance Medical Directives

BUSINESS LAW

Corporate Counsel Beware! Conflicts of Law May Spoil Your Privileges

Earn 1 hour of CLE credit with Todd Presnell, a member of the Nashville office of Miller & Martin PLLC. In just 60 minutes, Mr. Presnell will discuss the control group test, the subject matter test, the territorial approach, the most significant relationship test, and much more. Mr. Presnell will also provide practice tips to ensure that your attorney-client privileges are preserved.

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Categories: Business Law; Ethics

Breaking Up Is Hard to Do: Fiduciary Duty Issues in Member Disputes Involving Tennessee LLCs

Earn 1 hour of CLE credit with Richard Spore, a Memphis attorney with significant experience in partnerships and joint ventures, business divorces, and business planning. If you represent LLCs in Tennessee, this all-new TAM CLE course is for you! During this on-demand course, Mr. Spore will address fiduciary duties under Tennessee’s "old" LLC act, changes brought about by the Revised LLC Act, common law fiduciary duties, and much more. Mr. Spore will also give valuable tips to help you draft operating agreements under the Revised LLC Act.

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Categories: Business Law

Tennessee Title Insurance Issues: Claims, Exclusions, and More

Earn .75 hours of general CLE credit as Michael C. Patton discusses the latest on title insurance issues in Tennessee in this all new on-demand course from Tennessee Attorneys Memo. Whether you represent the insurance company, the owner of the property, or the lender, it's essential to be familiar with:
• What the policy covers;
• What is typically excluded from coverage;
• What defenses may be asserted against the claim.

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Categories: Business Law

CIVIL PROCEDURE

NEW! Discovery and Depositions in Tennessee: What You Don't Know Could Hurt You

Earn .75 hour of CLE credit as you listen to this fact-filled and enlightening presentation by Mike Lawson, a solo practitioner who has tried to conclusion more than 35 jury trials. Mr. Lawson speaks on phrasing of interrogatories, claims of privilege, discovery of electronic data and expert opinions. He provides materials that include references to case law and statutes on the subject.

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Categories: Civil Procedure

Ethical Considerations in Deciding Whether to Accept Representation

Earn 1.5 hours of DUAL CLE credit with Rebecca Blair, a leading plaintiff attorney in Tennessee. During this 90-minute course, your speaker will discuss a number of ethical, business, and practical considerations that come into play when deciding whether to accept a case. Highlights include: recent amendments to Tennessee's Rules of Professional Conduct, ethical concerns, duties to prospective clients, diligence, conflicts of interest, business considerations, and practical considerations.

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Categories: Ethics; Civil Procedure

Summary Judgment After Hannan & Martin: An Update for Tennessee Attorneys

Earn 1 hour of CLE credit as Andrée Blumstein discusses the Hannan & Martin decisions by the Tennessee Supreme Court and outlines their impact on summary judgment in Tennessee. Highlights include: the Hannan & Martin decisions, the Hannan rule, summary judgment in state and federal courts, affirmative negation, litigation strategies, post-Hannan cases, burden of proof, “put up or shut up” rule, and emerging exceptions.

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Categories: Civil Procedure

Summary Judgment From an Appellate Perspective After Hannan & Martin

Earn 1 hour of CLE credit with Judge Patricia Cottrell, who has been on the Middle Section of the Tennessee Court of Appeals for over 10 years. Highlights include: the Hannan & Martin decisions, the basics of summary judgment, the Byrd decision, burden shifting, the pre-Hannan standard, affirmative defense, and practical points.

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Categories: Civil Procedure

EMPLOYMENT LAW

Tennessee Non-Competes and Non-Solicitations: Latest From the Appellate Courts and Practical Drafting Tips

Earn 1 hour of general CLE credit with David L. Johnson as he presents this all-new Tennessee Attorneys Memo on-demand course. Whether you represent an employer or an employee, it's critical you know recent holdings of Tennessee's appellate courts:
• "Pricing, Confidentiality and Post-Employment Activities Agreement" was not enforceable when a former employee acquired only general training that applied across an entire industry rather than knowledge or training that was peculiar to the employer.
• Covenant not to compete was enforceable notwithstanding that non-compete provision did not state territorial limitation when it prohibited the employee from soliciting business from entities who were customers of employer with whom employee did business on behalf of employer.
• Regardless of whether an employee could have acquired mailing addresses directly from the employer’s customer, aggregate of information was a trade secret.

Learn how appellate courts' recent holdings have impacted the enforceability of non-competes and non-solicitations and get tips for drafting such agreements by participating in the all-new Tennessee Attorneys Memo on-demand course, Tennessee Non-Competes and Non-Solicitations: Latest From the Appellate Courts and Practical Drafting Tips.

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Categories: Employment Law

NEW! Tennessee Workers Comp: What the Legislature Changed

Earn 1 hour of CLE credit while learning about the changes to workers’ comp legislation made in 2011. Jason Ensley, a sole practitioner in Johnson City, will bring you up-to-date on the reasons for the reform and the seven major areas impacted by the new laws.

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Categories: Employment Law NEW

ETHICS

Ethical Considerations in Deciding Whether to Accept Representation

Earn 1.5 hours of DUAL CLE credit with Rebecca Blair, a leading plaintiff attorney in Tennessee. During this 90-minute course, your speaker will discuss a number of ethical, business, and practical considerations that come into play when deciding whether to accept a case. Highlights include: recent amendments to Tennessee's Rules of Professional Conduct, ethical concerns, duties to prospective clients, diligence, conflicts of interest, business considerations, and practical considerations.

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Categories: Ethics; Civil Procedure

NEW! Ethical Pitfalls: The Attorney's Use of Technology & Social Media

Earn 1.25 hours of DUAL CLE credit and find out how to avoid costly mistakes and to make proper use of current electronic resources. Marisa Lee Combs, an associate in the Nashville office of Lewis, King, Krieg & Waldrop, discusses the pros and cons of using Internet technology and social media in your legal practice.

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Categories: Ethics; Technology/Social Media

Corporate Counsel Beware! Conflicts of Law May Spoil Your Privileges

Earn 1 hour of CLE credit with Todd Presnell, a member of the Nashville office of Miller & Martin PLLC. In just 60 minutes, Mr. Presnell will discuss the control group test, the subject matter test, the territorial approach, the most significant relationship test, and much more. Mr. Presnell will also provide practice tips to ensure that your attorney-client privileges are preserved.

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Categories: Business Law; Ethics

NEW! The Inadvertent Receipt of Confidential Information: Ethical Considerations in Tennessee

Earn .75 hour of DUAL CLE credit and gain valuable guidance on the proper steps to take when you accidently receive confidential information from an opposing party. Experienced litigator Griffin Dunham discusses current opinions from the Tennessee Board of Professional Responsibility and the American Bar Association concerning an attorney's ethical duties to clients, the court and other attorneys.

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Categories: Ethics; Civil Procedure NEW

ESTATES & TRUSTS

2010 Changes to Tennessee Trust Laws

Earn 1 hour of CLE credit with Paul Hayes, a licensed CPA and prominent tax attorney. In this new on-demand course from Tennessee Attorneys Memo, Mr. Hayes will explain the changes brought about by the Tennessee Community Property Trust Act of 2010. In just under one hour, Mr. Hayes will discuss the advantages of Tennessee Community Property Trusts (TCPT), requirements to create a TCPT, administrative provisions for TCPTs, tax and planning considerations, unitrust conversion, and much more.

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Categories: Estates & Trusts

NEW! TennCare's Last Bite: Update on TennCare Medicaid Estate Recovery

Earn 1 hour of CLE and learn the most recent information on TennCare Medicaid Recovery from Tim Takacs, a certified elder law attorney and member of the National Academy of Elder Law Attorneys. Discover how In re Tanner impacted prior law on estate recovery and what questions remain unanswered. Find out how state and federal laws differ in this area of the law.

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Categories: Estates & Trusts NEW

The Tanner Decision: Impact on TennCare Medicaid Estate Recovery

Earn 1 hour of general CLE credit with Tim Takacs as he presents this new Tennessee Attorneys Memo on-demand course. By issuing its recent Tanner opinion, the Tennessee Supreme Court sought to settle the issue of whether the Bureau of TennCare is barred from filing a claim against a decedent’s estate for recovery of TennCare Medicaid benefits when the claim is filed more than one year after the decedent’s death. Unfortunately, the opinion raised as many questions as it answered. Let attorney and Certified Elder Law Specialist Tim Takacs show you how TennCare's right to estate recovery changed after Tanner.

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Categories: Estates & Trusts

FAMILY LAW

Child Support Guidelines: 2010 Update for Tennessee Attorneys

Earn 1 hour of CLE credit with Barbara Broersma, assistant general counsel of the Tennessee Department of Human Services, the agency that oversees child support in Tennessee. During this 60-minute course, your speaker will present valuable updates on Tennessee's child support guidelines, touching on topics such as the purpose and history of Tennessee's guidelines, child support assumptions, willful or voluntary unemployment or underemployment, and much more.

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Categories: Family Law

New Developments in Adoption Law in Tennessee

Earn 1 hour of CLE credit with Dawn Coppock, a frequent speaker, writer and consultant on the subject of adoption in Tennessee and across the nation. She is certified as a Juvenile-Child Welfare Specialist and a Family Law Mediator and is a Fellow in the American Academy of Adoption Attorneys. In just 60 minutes, Ms. Coppock will discuss the changes to Tennessee's adoption laws, including new statutes, legal parent, putative father, recent Supreme Court and Court of Appeals decisions, and procedural issues. Don't miss this important update on Tennessee's adoption laws!

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Categories: Family Law

QDROs in Tennessee: What Attorneys Need to Know

Earn .75 hours of general CLE credit with Frank S. Midgley, III. Do you fully understand the boundaries for dividing retirement interests during a divorce under the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (IRC)? Do you know how to determine when an individual's retirement benefits constitute a qualified domestic relations order (QDRO)? Learn how to master the federal legal hurdles and logistical challenges associated with qualified domestic relations orders and how to overcome QDRO-phobia by participating in the all-new Tennessee Attorneys Memo on-demand course, QDROs in Tennessee: What Attorneys Need to Know.

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Categories: Family Law

What Divorce Attorneys Need to Know About Bankruptcy Law

Earn .75 hours of CLE credit with Allison Wiemer as she presents this critical update on bankruptcy law. If you practice domestic relations law, don't miss this all-new Tennessee Attorneys Memo on-demand CLE course on the effects of bankruptcy on family law cases. When you participate in this on-demand CLE event, your presenter will explain the consequences of one or both of the spouses filing bankruptcy before or during a divorce action. You'll also get answers to such questions as:
• What happens when one spouse files bankruptcy? * What effect will the filing have on support claims?
• How will the bankruptcy affect the division of marital property and the payment of marital debts?

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Categories: Family Law

JUDGMENTS / COLLECTIONS / SUBROGATION

NEW! ERISA, Liens, & Other Subrogation Tort Issues in Tennessee

Earn .75 hour of CLE credit with Burke Keaty, a member of the Law Offices of John Day P.C., as he discusses the types of claims that may be asserted against a personal injury settlement. Mr. Keaty will cover non-ERISA third party payer subrogation interests, ERISA liens, Medicare liens, TennCare liens, hospital liens, workers' comp liens, recent case law, and more.

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Categories: Judgments/Collections/Subrogation

Judgment Enforcement: Techniques, Common Roadblocks, & Advanced Strategies

Earn 1.5 hours of CLE credit with David M. Anthony, a Nashville attorney who regularly speaks on topics related to bankruptcy, post-judgment collections strategy, foreclosures, ethics, and trial practice. During this all-new CLE course, Mr. Anthony will give you practical tips, techniques, and tools to enforce judgments in Tennessee. Mr. Anthony will discuss post-judgment stays, creative ways to find a debtor's assets, how to use judgment liens, fradulent transfers, and methods of getting the funds to your client quickly after a judgment is rendered. If you represent a client who has recently won a judgment in Tennessee, this 90-minute on-demand course is must-have material!

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Categories: Judgments/Collections/Subrogation

NEW! Medicare: Conditional Payment Claims, Mandatory Reporting, & MSAs

Earn 1 hour of CLE credit with Bennett L. Pugh, who assists clients across the country with Medicare Secondary Payer issues. Topics include Section 111 Reporting, Conditional Payment Claims issues, and Medicare Set-Asides. Mr. Pugh tackles a variety of issues regarding conditional payments, Medicare Set-Asides, reporting requirements, and failure-to-comply penalties.

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Categories: Judgments/Collections/Subrogation NEW

The Fair Debt Collection Practices Act: Dos & Don'ts for Attorneys

Earn 1.5 hours of CLE credit with Earl C. Buckles, a Memphis attorney experienced in business and consumer transactions, as he explains critical dos and don'ts of the Fair Debt Collection Practices Act (FDCPA). In just 90 minutes, Mr. Buckles tackles the scope of the FDCPA, the exemptions to the Act, the transactions included and excluded from the Act, and recent case law. Mr. Buckles also discusses communications with a debtor, locational information, and prohibitions and harassment. Our speaker will break down the background of the FDCPA as well, with brief outlines of the history and purposes of the Act. This all-new CLE course is essential for attorneys representing collection agencies, clients who have been contacted by a collection agency, or those seeking to collect a debt on behalf of a client.

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Categories: Judgments/Collections/Subrogation

Whose Money is It? The Law of Subrogation in Tennessee

Earn 1.25 hours of CLE credit as Daniel Clayton, Past-President of the Tennesse Association for Justice, outlines Tennessee’s law of subrogation. Highlights include: recent court decisions, the made whole doctrine, ERISA, hospital liens, attorney fees, and practice tips.

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Categories: Judgments/Collections/Subrogation

MEDICAL MALPRACTICE

2009 Amendments to Medical Malpractice Act

Earn 1 hour of CLE credit! Rebecca Blair and Brandon Bass cover the changes by the Tennessee legislature to the state’s medical malpractice laws in 2008 and 2009. Highlights include: the 2008 and 2009 amendments, pre-suit notice requirement, acceptable methods of service of notice, personal delivery, certified mail, effective dates, obtaining medical records, certificate of good faith, future issues, and practical implications.

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Categories: Medical Malpractice

Defending a Medical Malpractice Case in Light of the 2008 & 2009 Amendments

Earn 1 hour of CLE credit with Brian Cummings as he discusses the principles of defending medical malpractice cases in Tennessee after the changes made in 2008 and 2009. Highlights include: the previous medical malpractice system, 2008 & 2009 amendments, pre-suit notice requirement, speedy medical records production, certificate of good faith, discovery of an expert’s signed written statement, extension of time to file, statute of limitations, statute of repose, service of process, and future issues.

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Categories: Medical Malpractice

Defending a Retaliatory Discharge Claim in Tennessee in Light of Gossett

Earn 1 hour of CLE credit with J. Christopher Anderson and David L. Johnson, members of Miller & Martin PLLC. During this course, your speakers will discuss the changes to retaliatory discharge in Tennessee after the Supreme Court's Gossett decision. Your speakers give a brief explanation of the background of the at-will doctrine before diving into the many cases that have affected retaliatory discharge in recent years. If you represent employers in Tennessee, don't miss this crucial update.

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Categories: Medical Malpractice

Hot Topics in Medical Malpractice in Tennessee

Earn 1 hour of CLE credit with this all-new on-demand course from Tennessee Attorneys Memo as Randy Kinnard, a premier plaintiff's medical malpractice attorney in Nashville, explains the newest changes to medical malpractice laws in Tennessee. In 60 minutes, Mr. Kinnard will tackle the new notice requirements, certificates of good faith, selecting expert witnesses, recent Supreme Court and Court of Appeals rulings, cases pending before the Supreme Court, medical expenses, and much more.

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Categories: Medical Malpractice

NEW! Tennessee Tort Reform: What Changes October 1

Earn .75 of CLE credit while learning what the legislature changed on October 1, 2011, concerning litigation of tort claims. Rebecca Blair, a leading plaintiff’s attorney, discusses changes to the statutes regarding venue, appeal bonds, medical malpractice, caps on damages, product liability, class actions and the Tennessee Consumer Protection Act.

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Categories: Medical Malpractice; Torts NEW

NEW! Holding Nursing Homes Accountable: Recent Developments in Tennessee

Earn .75 hour of CLE credit as Mark Geller, chair of the nursing home practice group of Nahon, Saharovich & Trotz, PLC., discusses recent developments in nursing home neglect and medical malpractice. Concentrating on two sets of law, one prior to and one since October 1, 2011, Mr. Geller discusses topics such as incompetency, restoration of legal rights, and disability. He also reviews the changes in damage awards.

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Categories: Medical Malpractice; Torts NEW

PREMISES LIABILITY & PERSONAL INJURY

Premises Liability in Tennessee: Comparative Fault, Summary Judgment & Other Updates

Earn 1.5 hours of CLE credit as Goodlettsville attorney Mike Lawson discusses the latest premises liability updates in Tennessee. Whether you’re deciding to bring or defend a premises liability case, attorneys must be aware of recent case law developments, such as:
• How the courts have balanced the foreseeability of harm and the gravity of harm against the commensurate burden imposed on a business to protect against harm to customers from criminal acts on its premises
• How the courts have reviewed the degree of comparative fault to be attributed to a plaintiff in a particular situation
•The factors courts consider in determining whether an owner has knowledge of an unsafe condition on the premises.

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Categories: Premises Liability & Personal Injury

Tennessee Premises Liability & Defenses for Slips, Trips, & Falls

Earn 1.5 hours of CLE credit with Bryan Moseley, a premises liability expert and partner in the Nashville law firm of Moseley & Moseley. In just 90 minutes, Mr. Moseley will explain actual notice, creation of dangerous conditions, constructive notice, negligence per se, the Landlord and Tenant Act, and much more. Mr. Moseley also discusses how to prove liability and available defenses, meaning this course is full of practical information that applies to every premises liability claim. Whether you represent plaintiffs or defendants in Tennessee premises liability cases, this all-new TAM CLE course is an essential resource!

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Categories: Premises Liability & Personal Injury

The Essential Elements of Handling the Automobile Collision Case

Two cars collide at an intersection, or perhaps a truck overturns. Even a fender-bender can create a myriad of legal issues. Who's at fault? Who has insurance? Is a party uninsured or underinsured? Learn how to address these issues and how to decide whether to take an automobile accident case by participating in this Tennessee Attorneys Memo on-demand CLE course. Earn 1.5 hours of general CLE credit with Daniel Clayton, Past-President of the Tennessee Association for Justice.

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Categories: Premises Liability & Personal Injury

SOCIAL SECURITY

Social Security Disability: Gaining an Advantage at the ALJ Hearing

Earn 1 hour of CLE credit with Grayson Smith Cannon, a shareholder in the Goodlettsville firm of Cannon & Cannon Attorneys, P.C. During this 1-hour on-demand course, your speaker will show you how to make the most of a case before, during, and after the ALJ hearing. Your speaker will give tips on handling "unworked" files, gathering and organizing critical information, submitting new evidence, requesting "on the record" decisions, preparing pre-hearing briefs, and interviewing and preparing clients.

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Categories: Social Security

TECHNOLOGY / SOCIAL MEDIA

NEW! Ethical Pitfalls: The Attorney's Use of Technology & Social Media

Earn 1.25 hours of DUAL CLE credit and find out how to avoid costly mistakes and to make proper use of current electronic resources. Marisa Lee Combs, an associate in the Nashville office of Lewis, King, Krieg & Waldrop, discusses the pros and cons of using Internet technology and social media in your legal practice.

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Categories: Ethics; Technology/Social Media

TORTS

NEW! Tennessee Tort Reform: What Changes October 1

Earn .75 of CLE credit while learning what the legislature changed on October 1, 2011, concerning litigation of tort claims. Rebecca Blair, a leading plaintiff’s attorney, discusses changes to the statutes regarding venue, appeal bonds, medical malpractice, caps on damages, product liability, class actions and the Tennessee Consumer Protection Act.

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Categories: Medical Malpractice; Torts NEW

NEW! Holding Nursing Homes Accountable: Recent Developments in Tennessee

Earn .75 hour of CLE credit as Mark Geller, chair of the nursing home practice group of Nahon, Saharovich & Trotz, PLC., discusses recent developments in nursing home neglect and medical malpractice. Concentrating on two sets of law, one prior to and one since October 1, 2011, Mr. Geller discusses topics such as incompetency, restoration of legal rights, and disability. He also reviews the changes in damage awards.

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Categories: Medical Malpractice; Torts NEW